Hate Crime

Question 0

Define hate crime…

Answer 0

A crime motivated by ill will or malice towards a social group.

Question 1

Define racist incident…

Answer 1

Any incident which is perceived to be racist by the victim or any other person.

Question 2

What is a substantive crime?

Answer 2

A crime which exists in its own right e.g. Assault, theft etc.

Question 3

Define an aggravation…

Answer 3

A circumstance or series of circumstances which make a perpetrators criminal or offensive conduct even worse.

Question 4

Define racial group…

Answer 4

Defined by reference to race, colour, nationality, ethnic origins & cultural origins.

Question 5

What legislation for hate crime aggravations exist?

Answer 5

Sec. 96 of crime & disorder act 1998- racial aggravation of any crime/offence
Sec 74 (as above)- religious aggravation.
Sec 1 offences (aggravation by prejudice) act 2009- disability aggravation.
Sec 2 (as above)- sexual orientation/transgender identity aggravation.
All above only need 1 piece of evidence

Question 6

What legislation exists for hate crime?

Answer 6

Sec 50(A)(1)(a) criminal law consolidation act- racially aggravated harassment (>1 incident, doesn't need to be the same loci, victim & perpetrator must be the same)
Sec 50(A)(1)(b) criminal law consolidation act- racially aggravated behaviour (1 incident).
Straight arrest, needs corroborating evidence.

Question 7

When can a racial aggravation be libelled?

Answer 7

If immediately before, during or after the course of criminal conduct the offender suggests malice towards top he social group of the victim.